(HC) Coleman v. Adams et al, No. 2:2007cv00136 - Document 40 (E.D. Cal. 2009)

Court Description: ORDER signed by Judge Frank C. Damrell, Jr on 2/17/09 ORDERING that the 35 findings and recommendations filed December 15, 2008, are adopted in full. Respondent's 23 March 5, 2008, motion to dismiss is granted. CASE CLOSED. (Duong, D)

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(HC) Coleman v. Adams et al Doc. 40 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SAAHDI COLEMAN, Petitioner, 11 12 13 14 vs. KEN CLARK, Warden, et al., Respondents. ORDER / 15 16 No. CIV S-07-0136 FCD GGH P Petitioner, a state prisoner proceeding through counsel, has filed this application 17 for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United 18 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local General Order No. 262. 19 On December 15, 2008, the magistrate judge filed findings and recommendations 20 herein which were served on all parties and which contained notice to all parties that any 21 objections to the findings and recommendations were to be filed within twenty days. Petitioner 22 has filed objections to the findings and recommendations. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 72- 24 304, this court has conducted a de novo review of this case. Having carefully reviewed the 25 entire file, the court finds the findings and recommendations to be supported by the record and 26 by proper analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed December 15, 2008, are adopted in 3 4 5 full; and 2. Respondent’s March 5, 2008, motion to dismiss (Docket #23) is granted. DATED: February 17, 2009. 6 7 8 _______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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